New Mexico: Air Force is violating state water law at Cannon AFB

The state of New Mexico says the U.S. Air Force needs to immediately develop a plan to protect dairies from chemicals at Cannon Air Force Base. The New Mexico Environment Department announced today that Cannon Air Force Base near Clovis is violating the state’s Water Quality Act and related ground and surface water regulations. The state agency issued a Notice of Violation, which requires the Air Force to create a plan to protect local dairies from contamination in the short-term and also evaluate the possibility of installing systems to treat contaminated water supplies. If the military fails to comply, New Mexico can issue civil penalties of up to $15,000 per day for each violation. Chemicals from fire fighting training activities have been found in the groundwater below Cannon, and in groundwater wells off-base.

EPA, state agencies want public input on drilling wastewater report

The U.S. Environmental Protection Agency and the state of New Mexico released a draft report on Friday about the possibility of someday reusing or recycling wastewater from the oil and gas industry. According to the draft white paper compiled by the EPA and three state agencies, “Given that drought is no stranger to New Mexico, decisions about water are growing ever more complicated and meaningful.”

This summer, the EPA and three New Mexico agencies convened a working group to understand and clarify existing regulatory and permitting frameworks and create a road map toward finding other uses for wastewater generated by oil and gas drilling. The draft report lays out various possible reuse scenarios, explains which agencies would be involved in permitting and regulations and parses some of the legal issues. As the authors note, New Mexico became the third-largest oil producing state in the U.S. in 2018 and the industry produces enormous quantities of wastewater.  According to the report:
For every barrel of oil, four or five barrels of produced water may be generated: an estimated 168 to 210 gallons of produced water for every 42 gallons of oil produced.

Transparency concerns about oilfield water reuse plans met with silence

As state agencies move forward with plans to study reusing wastewater from oil and gas drilling, some environmental and community groups want the administration to slow down. They’re concerned about the working group’s quick schedule and lack of transparency thus far on an issue they say demands careful study. This summer, New Mexico signed an agreement with the U.S. Environmental Protection Agency and formed a working group to figure out how wastewater might be reused within the oilfield itself—and someday, beyond it. As we reported last month, the state initiated the process with the EPA. Following the publication of that story, representatives from more than 15 environmental and community groups signed onto a letter to the EPA which said the agreement between the federal agency and the state violates the Federal Advisory Committee Act (FACA) and requesting the federal agency withdraw.

NM officials consider options to reuse oilfield water

When drilling wells, operators inject chemicals, sand and water underground to create fissures that help move oil and natural gas to the wellhead more efficiently. That practice of hydraulic fracturing, or fracking, uses a lot of water. And it leaves behind a lot of water, too. In 2015, even before the Permian Basin really started booming, industry produced 900 million barrels of wastewater. That’s about 116,000 acre feet—or almost all of the water currently stored in Elephant Butte Reservoir.

NM Supreme Court upholds state copper rule

A state rule to protect groundwater from copper mine pollution will stand. The New Mexico Supreme Court affirmed the rule Thursday and rejected arguments from environmental groups and the New Mexico Office of the Attorney General that the rule violated the state’s Water Quality Act. In the court’s unanimous opinion, justices sided with the New Mexico Environment Department and the mining industry to uphold the 2013 copper rule. #mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; width:100%;}
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How one influential NM powerbroker might have escaped a drunken driving charge

Just after midnight on May 20, Albuquerque Police Officer Joshua Montaño saw a luxury sedan veer into a turn bay blocked off by bright orange traffic barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Montaño flipped on his emergency police lights and the 2004 Infiniti stopped in the parking lot of the Marriott Pyramid, a high-end hotel in Northeast Albuquerque. A veteran DWI cop who has conducted hundreds of drunken driving investigations, Montaño approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The Infiniti’s driver had swerved numerous times traveling northbound from downtown Albuquerque, he’d delayed proceeding through a green light by 10 seconds, he’d driven 10 mph under the posted speed limit, and he’d done it all with his headlights turned off. In the driver’s seat of the car was Ryan Flynn, 39, Gov. Susana Martinez’ former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association.

State moves to update oil and gas permits, while on the federal level, BLM cuts public protest period

The New Mexico Environment Department’s (NMED) Air Quality Bureau will host a hearing on Monday about proposed changes to construction permits for oil and gas facilities. The process kicked off in the summer of 2016, and the public comment period closed at the end of January. According to the department, the general construction permit codifies air protection rules for industry to “streamline the application process and to provide consistency in the oversight process.”

The issue is the latest in a line of moves that environmental groups say reverse protections for people and natural resources. Jon Goldstein, director of regulatory and legislative affairs with the Environmental Defense Fund, said that if finalized, the changes would make New Mexico’s new oil and gas construction permits among the weakest in the United States. “This is especially egregious when you consider the methane hotspot in the San Juan Basin and the importance of that issue in New Mexico,” Goldstein said.

Gold King Mine meeting scheduled for Monday

The New Mexico Gold King Mine Spill Citizens’ Advisory Committee will meet Monday evening in Farmington. According to the New Mexico Environment Department, the committee includes 11 citizen volunteers from northern New Mexico, including the Navajo Nation, and works with New Mexico’s Long-Term Impact Review Team to monitor and understand the long-term impacts of the 2015 Gold King Mine accident. While conducting exploratory cleanup work of an abandoned mine in southwestern Colorado, federal contractors hired by the U.S. Environmental Protection Agency caused 3 million gallons of wastewater to spill from the Gold King Mine into the Animas River. That river, which flows into the San Juan River in northwestern New Mexico, was contaminated with lead, arsenic and cadmium. The mine, like about 400 others in the area, was owned by a private company before being abandoned.

State board rejects petition to regulate greenhouse gases

Last week, Samantha Ruscavage-Barz, an attorney with WildEarth Guardians, asked the New Mexico Environmental Improvement Board (EIB) to establish regulations to reduce greenhouse gas emissions in the state. That board, whose members are appointed by the governor, is responsible for rules related to public health issues like air quality, food safety and hazardous waste. By a four-to-one vote, the EIB denied the petition Ruscavage-Barz brought on behalf of 28 New Mexico children and teens. But she’s hopeful that there’s room for a conversation with the New Mexico Environment Department, the agency that was moving forward with strategies to reduce greenhouse gas emissions and address the impacts of climate change just six years ago. Ruscavage-Barz said the board encouraged the group to work with the state agency and other stakeholders and come up with an enforceable plan.

Nuclear weapons contractors repeatedly violate shipping rules for dangerous materials

Plutonium capable of being used in a nuclear weapon, conventional explosives, and highly toxic chemicals have been improperly packaged or shipped by nuclear weapons contractors at least 25 times in the past five years, according to government documents. While the materials were not ultimately lost, the documents reveal repeated instances in which hazardous substances vital to making nuclear bombs and their components were mislabeled before shipment. That means those transporting and receiving them were not warned of the safety risks and did not take required precautions to protect themselves or the public, the reports say. The risks were discovered after regulators conducted inspections during transit, when the packages were opened at their destinations, during scientific analysis after the items were removed from packaging, or — in the worst cases — after releases of radioactive contaminants by unwary recipients, the Center for Public Integrity’s investigation showed. Only a few, slight penalties appear to have been imposed for these mistakes.